Disability Claimant's Allegations Are Preempted Under ERISA, Judge Says
ASHLAND, Ky. - A Kentucky federal judge on Oct. 3 granted a disability insurer's motion to dismiss after determining that all of the claims alleged against the insurer arise out of its handling of a disability claim and, therefore, are preempted by the Employee Retirement Income Security Act (Lorey Lowe v. Lincoln National Life Insurance Corp., et al., No. 19-31, E.D. Ky., 2019 U.S. Dist. LEXIS 171691).